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Johnson v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 257 (N.Y. App. Div. 1993)

Opinion

March 11, 1993

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


The IAS Court properly granted summary judgment. The signed and witnessed agreement clearly establishes the intent of the parties to share joint ownership of the proceeds (see, Slatt v. Slatt, 64 N.Y.2d 966) and is supported by consideration, i.e., the forebearance and mutual promises made by the parties to surrender their respective rights to claim the entire prize as their own due to the lottery's "sole claimant" rule and their agreement to share equally the related tax liabilities (see, Weiner v McGraw-Hill, Inc., 57 N.Y.2d 458, 464). Further, defendant's conduct, by voluntarily adhering to the terms of the agreement for four years (in each of which lottery payments were made) and accepting the benefits of plaintiff's performance ratified the agreement and prevents him from now attacking its validity (see, Stacom v. Wunsch, 162 A.D.2d 170, 171, lv dismissed 77 N.Y.2d 873).

Concur — Milonas, J.P., Rosenberger, Kupferman and Ross, JJ.


Summaries of

Johnson v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1993
191 A.D.2d 257 (N.Y. App. Div. 1993)
Case details for

Johnson v. Johnson

Case Details

Full title:EVERETTE JOHNSON, Respondent, v. LEIGHTON JOHNSON, Appellant, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 11, 1993

Citations

191 A.D.2d 257 (N.Y. App. Div. 1993)
594 N.Y.S.2d 259

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